OSHA requirements are set by statute,
standards and regulations. Our interpretation letters explain
these requirements and how they apply to particular
circumstances, but they cannot create additional employer
obligations. This letter constitutes OSHA's interpretation of
the requirements discussed. Note that our enforcement guidance
may be affected by changes to OSHA rules. Also, from time to time
we update our guidance in response to new information. To keep
apprised of such developments, you can consult OSHA's website
athttp://www.osha.gov.

This is in response to the April 4, 2000, package and letter you
forwarded from Janet Flury to the Occupational Safety and Health
Administration (OSHA). You ask us to determine which of the 44
pictures of roofing equipment you submitted are mechanical
equipment as defined by 29 CFR 1926, Subpart M, the fall
protection standard for construction.

Background

Question 1: What is the significance of determining which
pieces of equipment are mechanical equipment?

Answer: 29 CFR 1926.502 prohibits the use of mechanical
equipment during roofing activities on low sloped roofs where
only a safety monitor is used or outside of an established
warning line. Where it is permitted, fall protection must be
used.

In the preamble to the Guarding of Low-Pitched-Roof
Perimeters During the Performance of Built-Up Roofing Work,
(Federal Register Vol. 45, No. 222, page 75,623), OSHA explained
that wheelbarrows and mopcarts were excluded from the definition
because:

"...their use does not require employees to move
backward. In addition, they are light in weight and therefore
develop little momentum. Wheelbarrows and mopcarts do not present
the same degree of risk to roofing employees as do such machines
as felt layers and gravel buggies. (Cf. Ex. 2:36, 120, 152).
Mopcarts and wheelbarrows do not require employees to divide
their attention between the equipment they are using and the roof
edge, as they would have to do with heavier, more awkward
machinery."

Question 3: What are the hazards associated with operating
mechanical equipment while doing roofing work?

Answer: The preamble also explains (Vol. 45, No. 222,
page 75,622) that when operating mechanical equipment near the
edge of structure:

"...the greatest hazards with mechanical
equipment operation are at the points of turn-around
(perpendicular to the direction of equipment movement) where an
employee's attention is no longer on the edge [fall] hazard,
but rather is on the effort required to turn the equipment around
(cf. Ex. 2:82, 120, 191). At these points, employees are in
danger of losing their balance because of the sometimes awkward
motions necessary to turn the mechanical equipment, and because
of the need to step backward toward the edge, as they try to line
the machine up for the next run."

Question 4: What OSHA regulations address the use of
mechanical equipment during roofing work in construction?

Answer: Roofers are allowed to use mechanical equipment
without fall protection only under specified conditions, which
are addressed in §1926.502. Mechanical equipment is
mentioned in respect to the use of warning line systems and
safety monitoring systems in sections 1926.502(f)(1)(i),
1926.502(f)(1)(ii), 1926.502(f)(4) and 1926.502(h)(2). These requirements are:

1926.502(f)(1)(i):

When mechanical equipment is not being used, the
warning line shall be erected not less than 6 feet (1.8 m) from
the roof edge.

1926.502(f)(1)(ii):

When mechanical equipment is being used, the warning
line shall be erected not less than 6 feet (1.8 m) from the roof
edge which is parallel to the direction of mechanical equipment
operation, and not less than 10 feet (3.1 m) from the roof edge
which is perpendicular to the direction of mechanical equipment
operation.

1926.502(f)(4):

Mechanical equipment on roofs shall be used or stored
only in areas where employees are protected by a warning line
system, guardrail system, or personal fall arrest
system.

1926.502(h)(2):

Mechanical equipment shall not be used or stored in
areas where safety monitoring systems are being used to monitor
employees engaged in roofing operations on low sloped
roofs.

On May 19, 1998, OSHA issued an interpretation memorandum
(Wiehrdt memo, attached) that allows a portion of a piece of
mechanical equipment (the hose and roller/wand) to be used
outside of a warning line and in areas with only a monitor
present. Using the hose and roller is not considered any
different from using a broom or mop to spread glue in areas
protected by a monitor, which is allowed by the standard.
However, the wheeled, pressurized storage tanks of the machine
were considered to present the same hazard as mechanical
equipment for the following reasons:

it has to be wheeled and maneuvered into position;

its gauges are monitored; and

it is more cumbersome to handle than a wheelbarrow or mop cart due to its load and size.

All of the reasons listed above could distract
the operator long enough to step back and off the edge of the
structure while operating the equipment.

The answer to your question

Question 5: Attached is a list of 44 pieces of equipment.
Are any of them considered "mechanical equipment" under
these standards?

Answer: Any piece of equipment that fits the definition
of mechanical equipment and is not a wheelbarrow or a mop cart
is, by the terms of the standard, prohibited outside of a warning
line and in areas where only a monitor is used. However, the
worker is allowed to operate the mechanical equipment in these
areas with fall protection in place.

We have attached a list of how we would classify the 44 pictured
items that you submitted. Most of them are not considered
mechanical equipment. These do not fit the definition of
"mechanical equipment" primarily because they are not
wheeled, propelled by a person, or motor driven. Equipment such
as power tools, brooms, axes, pumps, and hand tools do not fit
the definition.

Some of the equipment does fit the definition, but have hoses
and/or attachments that allow the wheeled portion of the
equipment to remain inside the warning line while the employees
can use the hoses and/or attachments to do their work outside of
the line. Like the equipment discussed in the Wierhdt memo, this
equipment does not have to be maneuvered into position anywhere
near the edge of the walking/working surface in order to use the
attachments. These types of equipment include but are not limited
to compressors, pressure pumps (sprayers), vacuums, and glue
dispensers.

Finally, some of the equipment fits the definition and does not
have hoses/attachments like the equipment above. These pieces of
equipment, therefore, are prohibited from being used outside of
warning lines and where only safety monitors are used. These
types of equipment require the worker to guide the machine to
perform various tasks on the roofing material, such as cutting,
sanding, applying finishes and glues, scraping, compressing or
removing roofing materials. They may also require the worker to
operate levers and switches or monitor gauges while maneuvering
the machine to perform the tasks mentioned above. The
worker's concentration is divided between the fall hazard and
operating the equipment while moving around near the edge of the
working/walking surface.

A categorized list of the equipment you submitted is enclosed
with this response. We have indicated where we would need more
information about the operation of particular pieces of equipment
to give guidance on how they would be categorized.

If you need additional information, please contact us by fax at:
U.S. Department of Labor, OSHA, Directorate of Construction,
Office of Construction Standards and Guidance, fax #
202-693-1689. You can also contact us by mail at the above
office, Room N3468, 200 Constitution Avenue, N.W., Washington,
D.C. 20210, although there will be a delay in our receiving
correspondence by mail.

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